The Work Choices Legislation and High Court Decision in Retrospect

This book analyses the judgments in the Work Choices Case through the lens of socio-political and legal factors. The authors contend that the case differs significantly from other constitutional cases due to the connection between the subject area being dealt with — the multi-faceted area of ‘industrial relations’ as the law regulating work — and the shifting focus to the corporations power as the locus of regulation of employees. The contested terrain for the regulation of labour in Australia is firstly examined. Concurrent developments within the apparently disparate subjects of corporate law and labour law are then discussed, particularly within the Australian context of corporate managers’ increasing prerogative to regulate their workers. Finally, a critical overview of the Work Choices changes is provided.